The frontier between 'law' and 'politics' is not always clear-cut. A large area exists where courts operate, but where governments and parliaments also make decisions. Tim Koopmans compares the way American, British, French and German law and politics deal with different issues: in many instances subjects which are highly 'political' in one country constitute legal issues in another. Is there, for example a 'sovereign Parliament' (as there is in Britain), or will courts control the compatibility of statutes with the Constitution (as in the United States and Germany)? How far can courts go in controlling the legality of administrative action? Are there general legal theories about the frontier between what courts and what politics can do? Koopmans considers case law on a range of issues, including human rights protection, federalism, separation of powers, equal protection and the impact of European and international law.
• Interdisciplinary: considers both law and politics • An alternative understanding of comparative constitutional law • Highlights the relationship between democracy and the rule of law
Preface; Table of cases; List of abbreviations; 1. Introduction; 2. The sovereignty of parliament; 3. Judicial review of legislation; 4. The growth of judicial power; 5. The limits of judicial review; 6. The legality of administrative action; 7. Courts and governments; 8. Courts and individual rights; 9. Techniques of judicial protection; 10. A glance at the future; Select bibliography; Index.
'… a comprehensive analysis that will interest legal and political specialists of domestic systems as well as the comparative lawyer … helps to cast light upon a difficult constitutional conundrum.' Public Law